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Question

J. Damages, Kinds of Damages, When May Be Recovered (Civil Code, arts. 2197and 2216)

Discuss the topic of temperate or moderate damages under the Civil Code.

In a case involving a breach of contract, Mr. Santos entered into an agreement with Mr. Cruz to construct a house. However, Mr. Cruz failed to complete the construction within the agreed timeframe, causing Mr. Santos to suffer losses and inconvenience.

Based on the given scenario, answer the following questions:

1. Define temperate or moderate damages under the Civil Code.
2. Explain the circumstances when temperate or moderate damages may be recovered.
3. Apply the concept of temperate or moderate damages to the case of Mr. Santos and Mr. Cruz, and determine whether Mr. Santos may be entitled to such damages. Justify your answer.

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Answer